Vic Carmody, Jr.
First Call Attorney℠
First Call Attorney℠
Effective: April 2024
4th DUI | Penalties For A Fourth DUI in Mississippi
If you are facing a fourth DUI in Mississippi, you are dealing with one of the most serious charges under our state’s DUI laws. I have represented clients across Mississippi who never thought they would find themselves in this situation, but life is unpredictable, and mistakes or struggles with alcohol can have long-lasting legal consequences.
A fourth DUI charge is a felony in Mississippi, and the penalties for a fourth DUI are some of the harshest you will ever encounter in our state’s criminal justice system.
If you’re facing a fourth DUI charge in Mississippi, call 601-948-4444 or use our online contact form for a free consultation with a top-rated DUI attorney now.
Below, I’ll walk you through what a fourth DUI conviction means, the exact consequences you are facing, and why it is so critical that you seek experienced legal help as quickly as possible.
Mississippi DUI Law Overview
Mississippi’s DUI law is found under Mississippi Code Annotated §63-11-30. The law sets escalating penalties for DUI offenses, with the consequences becoming harsher as the number of prior convictions increases.
- A first DUI is a misdemeanor.
- A second DUI within five years is also a misdemeanor but carries enhanced penalties.
- A third DUI within five years is a felony.
- Under Mississippi law, a fourth DUI is automatically a felony, regardless of when the prior convictions occurred.
This distinction is important. While the three-strike felony rule looks back five years, the fourth DUI rule has no time limit. That means even if your prior DUI convictions are decades old, a fourth arrest can still be prosecuted as a felony under Mississippi law.
Fourth DUI Penalties
When you are charged with a fourth DUI, you are facing felony prosecution in circuit court, not just municipal or justice court. The penalties for a fourth DUI are severe, and they are designed by the legislature to discourage repeat offenders from continuing to drive under the influence.
The penalties for a fourth DUI conviction in Mississippi include
- Prison Sentence: Between 2 and 10 years in the custody of the Mississippi Department of Corrections. Unlike misdemeanors, which may involve county jail time, a felony DUI sentence means you could serve time in state prison.
- Fines: You will be required to pay a fine of $3,000 to $10,000. This is in addition to court costs, fees, and potential restitution if property damage or injury occurred.
- Driver’s License Suspension: Your license will be suspended for 5 years. After that period, reinstatement is not automatic; you must reapply and may be required to install an ignition interlock device.
- Forfeiture of Vehicle: The court has the authority to seize and forfeit the vehicle you were driving at the time of the offense if you are the registered owner.
- Ignition Interlock: After the suspension period, reinstatement of your license may be conditioned upon installation of an ignition interlock device, which requires you to blow into a breath-testing unit to start your car.
- Permanent Felony Record: A fourth DUI conviction will permanently brand you as a convicted felon, limiting your civil rights, job opportunities, and ability to carry a firearm.
Collateral Consequences
The fourth DUI penalties extend far beyond prison, fines, and license suspensions. Many of my clients don’t fully understand the collateral consequences until it’s too late.
Some of the long-term consequences of a felony DUI conviction include:
- Difficulty finding or keeping employment due to a felony record.
- Loss of professional licenses (such as teaching, nursing, or commercial driving licenses).
- Increased insurance rates, sometimes making it nearly impossible to afford car insurance.
- Damage to personal and professional relationships.
- Limited housing opportunities due to background checks.
These consequences of a fourth driving while intoxicated conviction are often as devastating as the criminal penalties themselves, and they highlight why mounting a strong defense is essential.
The Importance of the Lookback Period
As I mentioned earlier, the law is different for a fourth DUI than it is for a third DUI. A third DUI only counts as a felony if the prior offenses occurred within five years. However, with a fourth DUI in Mississippi, there is no five-year limit.
This means that even if your first three DUIs happened 20 years ago, and you’ve lived sober since then, a fourth arrest can still trigger felony prosecution. This aspect of the law often comes as a shock to people who assumed their past mistakes would not come back to haunt them.
Possible Defenses to a Fourth DUI Charge
While the penalties for being charged with DUI for the fourth time are extremely severe, there are defenses that can be raised depending on the circumstances of your case. As your attorney, I would carefully review every detail of the arrest and the evidence against you to determine if your rights were violated.
Some of the DUI defense strategies I commonly pursue include:
- Challenging the Traffic Stop: If the police officer did not have reasonable suspicion to pull you over, the stop may be unconstitutional.
- Challenging the Breath or Blood Test: Breathalyzers and blood testing devices must be properly calibrated and maintained. Mistakes in testing procedures can result in unreliable evidence.
- Medical Conditions: Certain medical conditions, such as diabetes or acid reflux, can mimic intoxication or produce false positives on breath tests.
- Improper Arrest Procedures: If law enforcement failed to follow Mississippi’s implied consent laws or denied you the right to counsel, your case may be affected.
- Challenging Prior Convictions: Since a fourth DUI requires proof of three prior convictions, sometimes older convictions may not have been properly documented or may be invalid due to procedural errors.
Treatment Options and Alternative Sentencing
Courts in the State of Mississippi do recognize that DUI often stems from struggles with alcohol dependency. While the penalties for a fourth DUI are strict, some judges may consider alternative sentencing programs if your defense attorney presents a strong case for treatment.
These options may include:
- Inpatient or outpatient treatment programs.
- Court-ordered counseling.
- Participation in alcohol safety programs.
While these alternatives may not eliminate prison time, they can sometimes reduce the severity of the sentence and put you on a path to long-term recovery.
Why You Need a Skilled DUI Attorney
Facing a fourth DUI charge is overwhelming. You are staring down the possibility of prison, massive fines, the loss of your license, and the stigma of a felony conviction. The stakes could not be higher.
As an attorney who has defended DUI cases in Mississippi for decades, I know how prosecutors build their cases; and I know where to look for weaknesses.
My goal is always to protect your rights, challenge the evidence against you, and work toward the best possible outcome.
Sometimes that means fighting for a dismissal, sometimes it means negotiating for reduced charges, and sometimes it means advocating for treatment instead of prison.
Talk To A Mississippi DUI Lawyer Today
A fourth DUI in Mississippi is one of the most serious charges you can face under our state’s criminal code. The fourth DUI penalties include years in prison, thousands of dollars in fines, long-term license revocation, and the loss of your civil rights.
The penalties for a fourth DUI extend well beyond the courtroom and can affect every aspect of your life. If you or someone you love is facing a fourth DUI charge, do not wait. The sooner you speak with an experienced DUI lawyer, the better chance you have of building a strong defense.
Call 601-948-4444 for a free consultation with an experienced DUI attorney in Jackson, MS now!
More Mississippi DUI Penalty Resources
If you’d like to learn more about DUI penalties in Mississippi, read some of our informative articles below.